"After my appeal to the US Ambassador, Yaroshenko was allowed to visit in prison": Moskalkova on helping Russians abroad

- Now there are many Russian citizens abroad who find themselves in a difficult life situation.

One of them is Bogdana Osipova

(citizen of the Russian Federation and the United States. From 2017 to 2020, she was in an American prison on charges of kidnapping her own children. - RT)

.

Until recently, there was hope that she would return to Russia and reunite with her family.

But an American court decided that Bogdana should remain in the United States until she returns her children.

What do you think can be done in this situation?

“It’s absurd to accuse a mother of kidnapping her own children.

In my opinion, it is necessary to establish a reward for the mother who has not resigned herself, but is fighting for her children.

I do not lose hope that our appeals to Mrs. Bachelet

(Michelle Bachelet, UN High Commissioner for Human Rights. - RT)

and the international ombudsman communities will eventually have their say.

We also appeal to the Attorney General of the United States.

Unfortunately, in the United States, unlike our country and many other states, there is no federal ombudsman.

There is no ombudsman with whom you can conduct a direct dialogue and work on the same wavelength.

But it's good that their authorities are responding to our appeals.

And in relation to, for example, our compatriot Yaroshenko

(Konstantin Yaroshenko, Russian pilot. In 2010 he was arrested in Liberia on charges of transporting a large consignment of drugs. - RT) -

 after an appeal and a request to provide him with medical assistance and transfer him to other institutions, we received assistance from government agencies.

After my appeal to the US Ambassador, Konstantin Yaroshenko's wife and daughter were allowed to visit him in prison.

• RT

- What appeal for help from our people abroad do you remember the most? 

- You know, there are many such cases.

Of course, the exchange of "35 for 35"

(Exchange of Ukrainian sailors for Russian citizens on September 7, 2019 - RT) was

perceived very emotionally and sharply 

.

I went to Kiev, and more than once.

Was in the detention center with Kirill Vyshinsky

(Kirill Vyshinsky, Russian and Ukrainian journalist. In 2018, he was arrested in Kiev on charges of high treason. In 2019, he was released as part of an exchange of prisoners between Ukraine and Russia. - RT)

.

The issue of trust and the salvation of people was very important here, so that this exchange would not break down.

I am very happy that it took place.

And it was preceded by the exchange of our fishermen

.

You remember, our fishermen, seven people, were detained in the neutral zone, which Ukraine considered its own.

They ended up in Kiev and lived at the embassy for almost six months.

For these six months, every day we contacted their relatives: mothers, wives, who were in despair that our sailors, fishermen, ordinary guys, hard workers, could not return to Crimea - they were from Kerch.

And it was absolutely impossible to hear these desperate speeches, to see these tears.

I flew to Kiev, met with sailors.

All of them supported them as best they could.

But the exchange itself is also a very acute emotional plot that we will remember for a lifetime.

It was preceded by many nuances related to the fact that when practically everything was decided, the Ukrainian side said that it would release people only if they wrote in the document that they were citizens of Ukraine.

And those are already at the border.

They do not agree with this, because they received passports of Russian citizens absolutely deliberately.

And they are not going to change their status.

Ultimately, this story ended.

- In the United States, two people have been imprisoned for more than ten years.

These are Viktor Bout

(Russian citizen. In 2012 he was sentenced to 25 years in the United States for illegal arms trade. - RT)

and Konstantin Yaroshenko.

There was a lot of speculation that they could somehow be exchanged.

Is there a chance?

- According to the laws of the United States, if a person has served more than half of the sentence, then the issue of transferring him to his homeland for further serving his sentence may be considered.

I turned to our General Prosecutor's Office with a request that they continue this topic.

And they are working on it.

In addition, we very much hoped that the outgoing American President or the new President of the United States, Mr. Biden, would pay attention and take a positive decision on my petition to pardon our citizens.

This institute also works.

And we do not give up hope that it will be considered solely for humanitarian reasons.

The most difficult issue is the issue of exchanges, since it is in the competence of the law enforcement agencies, not only the foreign policy ones.

But I am sure that all possible options will be used to return our citizens.

- Recently you came up with an initiative on the possibility of an authorized person to visit places of deprivation of liberty, where our citizens are kept, abroad.

Today only consuls can do this.

Is there such a practice among other ombudsmen?

Will it be accepted in the world?

- We discussed this approach at a meeting of the Eurasian Alliance of Ombudsmen

(Human Rights Union, uniting the efforts of

ombudsmen

for the protection of human rights of European and Asian states. - RT)

.

The ombudsmen support this idea and are ready to appeal to their authorities and offer foreign policy departments to solve the problem.

But, unfortunately, today its solution is still in its infancy.

It seems to me that this is extremely important, especially in cases where a person has two citizenships, as is the case in Ukraine today.

In such a situation, our consul is not allowed to see the prisoners.

Therefore, our consul was not allowed to see Vyshinsky.

Not allowed to our citizens Baranov and Odintsov

(Alexander Baranov and Maksim Odintsov, Russian citizens. In 2016, they were detained by SBU officers on the border with Crimea for high treason. In 2019, they were released as part of an exchange of prisoners between Ukraine and Russia. - RT)

.

For Ukraine considered them its citizens.

And here it was very important that I visited Vyshinsky, and Baranov, and Odintsov, and many others, but solely on the basis of an agreement between the two ombudsmen.

- How is the work of the Commissioner organized in our country?

Is there a representative office in the regions?

- Four years ago, the institution of the commissioner was not completed.

What does the institution of the commissioner mean?

When in each constituent entity of the Russian Federation there is a special law, according to which an ombudsman for human rights in the constituent entity of the Russian Federation is appointed or elected.

Today, there is not a single constituent entity of the Russian Federation where a special law does not operate and an authorized representative is not appointed or elected.

They are in great demand among the population.

These are social rights, issues of protecting human rights that have come under investigation, issues of protecting pensioners, disabled people and other unprotected groups.

• RT

- That is, you can turn to the ombudsman on any social, humanitarian or environmental issues, if they are related to the rights of citizens?

- Of course.

A person, as a rule, comes when he has already gone through all the circles and has not received satisfaction and support.

If the European Court of Human Rights is a supranational body, then the Ombudsman is a supranational one who can file an administrative claim in court to protect the rights of people against the decision of the authorities or an official.

He may apply to the Constitutional Court if he sees that a normative act, a law contradicts the Constitution, violates human rights, may apply to the Chief Justice of the Supreme Court or to a higher instance with a request to reconsider a court decision that has entered into legal force.                  

- How did it happen that you got involved in the protection of human rights?

- It so happened that at the age of 16, faced with injustice, I was looking for an opportunity to help a specific person.

Then she began to work in the pardon department of the Presidium of the Supreme Soviet of the Russian Federation.

And every day I faced a huge number of troubles, misfortunes of people who were imprisoned.

I worked there for ten years.

And then, following the Komsomol appeal, she came to the internal affairs bodies for legal administration, which was also engaged in the formation of the legislative and legal framework, proceeding from international norms, moral norms and in accordance with the Constitution.

Later, while working in the State Duma, in the committee on CIS affairs, Eurasian integration and relations with compatriots, I constantly received citizens and worked with those people who were in trouble.

- Your term of office expires in 2021.

Are you going to stay for the next term as a human rights ombudsman in the Russian Federation, or will you choose some other path for yourself?

- Appointment of the ombudsman for human rights is carried out as follows.

A group of deputies can nominate a human rights ombudsman.

May be nominated by the President or the State Duma.

This happens a month before the end of the term - that is, in March.

In March I invite you to talk.